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A small body of prior research has examined the impact of victim sex on jury death penalty decision-making and the majority of this research has demonstrated some evidence of a "female victim effect" such that cases involving a female victim are more likely to receive the death penalty than similarly situated cases with a male victim. However, within this line of research studies have suggested that victim sex may work in conjunction with other case characteristics. In order to further explore this phenomenon, the current study examines a near-population of death penalty cases from North Carolina (n=1069) from 1977-2009 using propensity score matching. Results demonstrate that once cases are matched on more than 50 legal and extralegal case characteristics, there is no statistically significant or substantive link between victim sex and death penalty decision-making. Findings suggest that it is concrete differences in the legal and extralegal factors observed in cases with female victims compared to male victims that shape jury death sentence decisions rather than a direct effect of victim sex (before matching: OR=1.53; 95% CI=1.20-1.95; p<.001/after matching: OR=0.90; 95% CI=0.66-1.24; p=.52). Study limitations and implications are also discussed., (Copyright © 2015 Elsevier Inc. All rights reserved.)

In the 19th century, one of the reforms carried out by the Ottoman Empire was in the field of criminal law. In 1840, 1851 and 1858, penal codes were drafted one after the other. Simultaneously with these laws, councils and regular courts were established to hear and adjudicate criminal cases. The fact that the murder cases, which are the subject of this study, are related to both personal and public law has brought about the functioning of the sharia and regular courts at the same time in these cases. The dualist structure of Ottoman criminal law came into play at this stage. The fact that these courts would hear the same cases according to their own procedural laws could lead to different outcomes from the two courts. This study analyzes the cases of women guilty of murder in the sharia and regular courts and examines the consequences of this dualistic structure. One of the problems of the study is whether gender creates an advantage or disadvantage in the punishment of women. The conditions under which the sentences of women sentenced to retribution or capital punishment were pardoned or commuted and what this dualistic structure meant for death row inmates are also among the issues discussed in this study. The main sources of the study are the documents obtained from the Ottoman Archives. In this context, it has been tried to analyze the issue by evaluating the legal literature of the period and current academic studies. [ABSTRACT FROM AUTHOR]

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Copyright of Revista de la Facultad de Derecho y Ciencias Políticas is the property of Revista Faculdad de Derecho y Ciencias Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

If some works have studied the gender representations of judges on litigants, representations regarding members of the jury are less known. This paper intends to look at the moral and civic values required of them, in connection with their masculinity, at a time when only men were considered citizens. Members of the jury couldn’t show any weakness in their manly duty. Indeed, virility was then linked with firmness, rationality, composure and the rejection of sentimentality.

The research focuses on Law of the Republic of Indonesia Number 31 of 1999, in conjunction with Law of the Republic of Indonesia Number 20 of 2001, concerning the Eradication of Corruption. This normative juridical study primarily revolves around Article 2 paragraph (2) of the Corruption Law. The approach utilized includes a statute approach, case approach, and conceptual approach. Secondary legal materials were collected through literature studies. The study identifies several reasons that have led to the implementation of the death penalty for corruption perpetrators in Indonesia. Consequently, updating criminal law policies is essential. The basis for this renewal lies in the fact that law enforcement consists of three interconnected aspects: legal substance, legal structure, and legal culture. To overcome corruption, four models of renewal are proposed: Firstly, improving legal institutions entails strengthening the authority and professionalism of officials in the police, prosecutors, and the Corruption Eradication Commission (KPK). It is vital for these institutions to synchronize their efforts and adopt a unified legal stance on corruption cases, eliminating any sectoral rivalry and ego. A cohesive framework and shared perspective on corruption cases are crucial. Secondly, legislative improvements involve reevaluating, reorienting, and reformulating the application of corruption laws, encompassing both the formulation of acts and the sanctions system, particularly those related to the death penalty. Thirdly, enhancing the legal culture of the community is crucial. By fostering a legal culture that discourages corruption, the likelihood of crime prevention through death penalty sanctions aligned with a sense of justice increases. By implementing these three models of legal reform, it is hoped that corruption can be effectively prevented through the judicious application of the death penalty. [ABSTRACT FROM AUTHOR]

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In this article, the author, using the example of the Criminal Code of the RSFSR of 1922 and the current Criminal Code of the Russian Federation, proves the socio-political conditionality of criminal law. The different provisions of both normative legal acts are compared. The author explains what caused such changes. The questions of both criminal codes, the concept of crime, the possibility of using law by analogy, the purpose of punishment, types of punishment are considered.

Research Summary: Research examining death penalty deterrence has been characterized as inconclusive and uninformative. The present analysis heeds a recommendation from prior research to examine single‐state changes in death penalty policy using the synthetic control method. Data from the years 1979–2019 were used to construct synthetic controls and estimate the effects of death penalty moratoriums on homicide rates in Illinois, New Jersey, Washington, and Pennsylvania. Moratoriums on capital punishment resulted in nonsignificant homicide reductions in all four states. Policy Implications: Inconsistent with a deterrence hypothesis, no evidence of a deterrent effect attributable to death penalty statutes was found. Given the gravity and finality of state‐sanctioned execution, it is important that policy makers consider the weight of evidence of the death penalty's capacity to deter, as well as issues of equity, justice, and fairness, in their decision making about death penalty policy. [ABSTRACT FROM AUTHOR]

Historically, Indonesia's death penalty does not originate from religious doctrine but a series of democratization processes agreed upon in the legislation. Amidst these processes, two competing opinions respond to Indonesia's death penalty: the retentionist and the abolitionist. These different approaches to address the death penalty, whether imposed or abolished, result in competing perspectives and arguments in regulatory and practical issues both in the national and international arena. This study aimed to revisit the death penalty discourse in Indonesia that opposes the human approach by assuming that the death penalty violates human rights. The data were analyzed in three steps, among other things, unitization, comparison, and conclusion. This study showed that the death penalty remains relevant to Indonesia despite the long struggle of its rejection. It concluded that Indonesia's imposition of the death penalty is regarded as worth defending, with specific and selective applications. The specific application means that the death penalty is applicable for corruptors, drug dealers, terrorists, gross human rights violators, and premeditated murders. Selective application means that a convict sentenced to death must be proven in court with a level of accuracy considered and accepted in law.

Michel Foucault's advocacy toward penal reform in France differed from his theories. Although Foucault is associated with the prison abolition movement, he also proposed more humane prisons. The article reframes Foucauldian theory through a dialectic with the theories of Marc Ancel, a prominent figure in the emergence of liberal sentencing norms in France. Ancel and Foucault were contemporaries whose legacies are intertwined. Ancel defended more benevolent prisons where experts would rehabilitate offenders. This evokes exactly what Discipline and Punish cast as an insidious strategy of social control. In reality, Foucault and Ancel converged in intriguing ways. The dialectic offers another perspective on Foucault, whose theories have fostered skepticism about the possibility of progress. While mass incarceration's rise in the United States may evoke a Foucauldian dystopia, the relative development of human rights and dignity in European punishment reflects aspirations that Foucault embraced as an activist concerned about fatalistic interpretations of his theories. [ABSTRACT FROM AUTHOR]

Law enforcement is doing efforts to the enforcement process or the functioning of legal norms significantly as a code of conduct in traffic or legal relationships in the life of society and state. One way to enforce fair laws is to give the maximum sanctions to perpetrators of serious criminal offenses such as the imposition of the death penalty for drug dealers as listed in Act No. 35 of 2009. However, there are many pros and cons about this death penalty. Highlights of the death penalty usually associated with injustice because it violates human rights, namely the right to life. This paper is to study it from the point of sociology of law, especially the theory of justice. In the perspective of sociology of law, a criminal prosecution devices should include two things: first, it must accommodate public aspirations repay as pondering on the basis of an error rate of the offender. Second, it should include the purpose of punishment, namely to maintain and preserve the unity of the community. Thus, the law should represent the public sense of justice.

The criminal law and praxis of the Old Regime prevented the executed from being given an ecclesiastical burial. Europe was covered with gallows fields during the Middle and Early Modern Ages, as paintings and engravings show. The bodies of the executed were thus unique to space and the landscape, projecting admonitions, warnings and brutally implacable images of the prince's justice on them. In Early Modern Valencia, death sentences took place in cities and large towns. The only known gallows field was Carraixet, established in 1356 and active until the mid-19th century. The corpses remained hanging there between a few months and a year, until the Brotherhood of Innocents and Helpless removed them and buried them on the feast of St. Matthias (February 24th). The perpetrators of heinous crimes suffered aggravated sentences: their bodies were mutilated and decapitated post-mortem. In these cases, the remains of the victim were not usually sent to Carraixet nor received a canonical burial. The head, hands, arms, and legs were used to resignify spaces and mark the landscape. The heads and hands were intended to represent the "efficiency" and harshness of royal justice, so they used to be hung in view of passers-by, in places where the crime had been committed, in the access doors to the city and at the crossroads. The legs and arms were supposed to warn criminals of the dire consequences of their actions. Hence, they were hung on the roads, in the places where the robberies took place and the bandits met, along the great communication routes of the entire Valencian Governation. [ABSTRACT FROM AUTHOR]

Death penalty is considered as a controversial nature, as some problems arise around its application at international and national levels. In light of the global trend in the field of human rights towards the abolition of death penalty, which was embodied in an additional optional protocol attached to the International Covenant on Civil and Political Rights. Many countries have responded to this, but there are those who still adhere to this penalty. However, each trend has its own justifications. In countries that still apply the death penalty, such as Jordan - although the execution of the penalty is often suspended - the method of execution reflects cruelty and brutality not less than the penalty itself, where methods are followed that are inconsistent with human rights, dignity, or fair trail guarantees, such as suffocation. Therefore, this research is based on the idea that until the stage of the final abolition of the death penalty in Jordan is reached, its application must be sufficient for all standards necessary for the respect of human rights and dignity. [ABSTRACT FROM AUTHOR]

The death penalty for corruptors, gaining a place in Indonesia's positive criminal law. As a country that makes Pancasila an ideology, it is interesting to be reviewed in this paper on the existence of the death penalty for the corruptor from a human rights perspective in Indonesia. Therefore, the author raised two issues, namely the first, how is the death penalty for corruptors in Indonesia's positive law? second, what about the death penalty for such corruptors if reviewed from a Human Rights perspective in Indonesia? To answer this, the authors chose legal research with a normative approach as part of its research methods. Based on the study obtained that the death penalty for corruptors does not conflict with Indonesian human rights values, because it is seen as the most serious crime. Even the formulation of the death penalty is currently seen as in line with the direction and ideals of reforming Indonesia's criminal law, which is increasingly humanist and puts forward the purpose of justice and benefit.

The work of Cesare Beccaria Dei delitti e delle pene („On Crimes and Punishments") has become one of the most influential and canonized opuses of the world history of law. It opened a new era in the history of the European criminal law. Its basic theories possess great prestige in the professional debates of our days in criminal law, as well. In a sense, it has become a sort of fashion, thus, the eventual interpretations of its cited thoughts diverge from the text of the original work and the former content to be mediated. To a certain extent, every significant intellectual work has a similar destiny. That is why it is to be considered to return to the original source and to recall the circumstances of the development of the opus and its contemporary assessment. That is our endeavour to tackle that briefly when we review the response of Beccaria's most important work in Hungary. In this essay we tackle the most important stages of the publication of the work, the Hungarian translations and the career history of the work in Hungary. Furthermore, the essay outlines the statements of the Hungarian science of legal history. It refers to the further possibilities of the scientific elaboration of the oeuvre, as well. [ABSTRACT FROM AUTHOR]

In Indonesia, the issue of capital punishment is a matter of controversy between those who are pro to the death penalty and those who are against the death penalty. Those who disagree with the death penalty assume that the inhuman death sentence is contrary to the principle of fair and civilized humanity in accordance with Pancasila, only Allah can take a person's life, if the judge is wrong in passing the sentence, what can be improved again. The pro-death penalty party considers that the death penalty deserves to be imposed on a sadistic criminal in carrying out his action because if he is not sentenced to death he will repeat his crime. The death penalty is also in accordance with the National RKUHP which is pro on capital punishment, but with certain conditions. If we observe from existing laws such as the Narcotics Act, the Corruption Law, the Terrorist Law, etc. then it can be said that the Law is pro death sentence. In the context of capital punishment, Kontras, which is concerned with the matter of upholding human rights, provides a criminological view that capital punishment does not provide a deterrent effect on the perpetrators of Extraordinary Crimes, because such actions can be motivated, not only from individual distributor factors, but also structural factors, for example community economic instability due to domestic political conditions. So, because the death penalty also conflicts with the right to life, it is fitting that the death penalty be replaced with life imprisonment.

Copyright of Zeszyty Prawnicze Biuro Analiz Sejmowej is the property of Kancelaria Sejmu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pregled is the property of University of Sarajevo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The 1945 Constitution of Indonesia provides for rights to life and to remain free from torture that are fundamental human rights that shall not be curtailed under any circumstance. Since 1945, Indonesia does not regulate the protection of the right of life to the citizens. Until 1946, enacted Law No. 1 of 1946 concerning the Indonesian Criminal Code which in several provisions concerning the death penalty. Death sentences and executions in Indonesia is always debatable. However, it is still implemented and can not be avoided, unless the change of its legal provisions. This study was a normative research or doctrinal research. The results of the study shows that the provisions of death penalty in Indonesia is still enforced because have been regulated in the Criminal Code and several organic laws such as the law of terrorism, narcotics, corruption, and human rights justice. The death penalty is contrary to Article 28I of the 1945 Constitution. It has set the rights to life, so that no one may violate human rights, including the government and the country is not granted the right to revoke rights for every citizen. The Indonesian government should not impose the death penalty contained in the draft new Code, and abolish the death penalty in its organic law that had been imposed on the offenders. Preferably, the death penalty may be replaced by alternative punishment with life imprisonment, a prison within a specified time or according to the judge’s decision.

At the request of the SCJA president this paper addresses five questions. Does criminological research make a difference relative to the death penalty? - If criminological research does make a difference, what is the nature of that difference? - What specific instances can one cite of research findings influencing death penalty policy decisions? Why hasn't our research made more of a difference? What can we do, either in terms of directing our research or in terms of disseminating it, to facilitate it making a difference? Specific examples of research directly impacting policy are examined. The evidence presented suggests that research on capital punishment has had some impact on policy, but not nearly enough. There is still a high level of ignorance that has limited the impact of criminological research on death penalty policy. The proposed solution is to improve the education of the general public and decision makers in order to increase the impact of criminological research on capital punishment policy. [ABSTRACT FROM AUTHOR]

Abstract Faced with punishing severe offenders, why do some prefer imprisonment whereas others impose death? Previous research exploring death penalty attitudes has primarily focused on individual and cultural factors. Adopting a functional perspective, we propose that environmental features may also shape our punishment strategies. Individuals are attuned to the availability of resources within their environments. Due to heightened concerns with the costliness of repeated offending, we hypothesize that individuals tend towards elimination-focused punishments during times of perceived scarcity. Using global and United States data sets (studies 1 and 2), we find that indicators of resource scarcity predict the presence of capital punishment. In two experiments (studies 3 and 4), we find that activating concerns about scarcity causes people to increase their endorsement for capital punishment, and this effect is statistically mediated by a reduced willingness to risk repeated offenses. Perceived resource scarcity shapes our punishment preferences, with important policy implications. [ABSTRACT FROM AUTHOR]

This paper posits the infuence of Cesare Beccaria's Dei delitti e delle pene on the development of characters and episodes in Oliver Goldsmith's Te Vicar of Wakefeld using the close analogies between the two texts, particularly the later chapters of the novel, the time lapse between the sale to the publisher and the eventual publication of the novel that allowed for revisions and additions to the text, and the spread of Beccaria's ideas in England prior to the English translation of his work. [ABSTRACT FROM AUTHOR]

Considered as one of the staunchest supporters of the need to reform the eighteenth-century British penal system, the jurist Manasseh Dawes combines legal refection with moral criticism. Tis union emerges from the reading of his works and in particular in a treatise published in 1782, entitled An Essay on Crimes and Punishments. In this work Dawes takes up and analyzes several aspects of Beccaria's thought, paying special attention to the causes of criminal conduct in parallel with the theory of human freedom. Trough other important English intellectuals such as Blackstone, Eden and Dagge, Dawes draws from Beccaria his critical and reformist approach to the study of criminal law. [ABSTRACT FROM AUTHOR]

Although in the section A chi legge he suggested otherwise, Beccaria owes much to Hobbes. Tis is evinced by three theses advanced in Dei delitti e delle pene: human beings are by nature unsociable; there is no natural law prior to the establishment of the civil society; natural rights derive from our inborn tendency to self-preservation. From these assumptions, however, Beccaria draws three conclusions that contradict Hobbes: even the most fundamental rights, being guaranteed only by the civil law, are in fact created by it; sovereignty, which is intrinsically limited, is legitimate only insofar as it acknowledges the right to live; the death penalty is illegitimate because it brings men back to the state of permanent war they meant to overcome. [ABSTRACT FROM AUTHOR]

Objective: to analyze the formation of punishment in criminal law (from ancient times to the present day), to demonstrate various aspects of punishment used at different times in different countries. Methods: a comprehensive study of phenomena and processes of objective reality, and the theoretical writings of legal scholars. Results: the author attempts to trace the history and development of the institution of punishment and to assess its current state. On the basis of the conducted analysis it is concluded that the severity of the punishment does not affect the general trend of the increase of crimes. Scientifi c novelty: : the study made specific findings are timely and proposals to improve the legislation in terms of criminal punishment by legislative consolidation unused to date principle. Profound historical analysis of the institution of punishment in criminal law will provide concrete examples of the scientific community punishments in different historical stages. Practical value: the formulated theoretical concepts can be used in scientific, legislative and law-enforcement activities, in the educational process for improving the skills of practitioners and scientific-pedagogical personnel in the field of jurisprudence, as well as in the preparation of scientific publications and teaching materials on this subject.

Irremedial work is an interpretive practice aimed at establishing a vital connection between a person's untoward behavior and his true self. Fifteen death penalty trial transcripts are employed as strategic research materials to examine how an individual's transgressions and the thoughts and feelings purportedly associated with his misconduct are merged with his self. A qualitative content analysis of these data identifies four recurring themes in the prosecution's efforts to fuse defendants’ alleged crimes with their real selves: sacrilege, culpability, malevolence, and act‐person merger. The argument presented in this study can be extended by investigating bottom‐up irremedial work, the responses of those defined as irredeemable, and by considering cases where act‐person merger is experienced as an authentic expression of an individual's essential self. [ABSTRACT FROM AUTHOR]

Does capital punishment exert any deterrent effect on homicide, above and beyond the effects of noncapital punishment? We hypothesized that potential deterrent effects should be strongest within a few days of executions because that was when news coverage peaked. We examined data on newspaper and national television news coverage, and found that it was largely confined to the period within a few days of executions. We analyzed state homicide counts for individual days from 1979 through 1998 (n = 372,555 state-days), following the methods of Grogger and controlling for size of the prison population. We found no significant homicide drops corresponding to temporal patterns of news coverage, with one exception: a small but significant drop on the days executions occurred. [ABSTRACT FROM AUTHOR]

Some nations and states have chosen to move towards disuse, or banning entirely, while other nations and states have doubled down on its use. The use of the death penalty as a nation places the United States as a rare outlier among developed, first-world countries. The definition of "cruel and unusual" punishment has been ever-changing and will continue to do so into the future as societal norms shift. Now is the time to evaluate once again whether the current death penalty scheme continues to qualify as neither cruel nor unusual. It is a near impossibility that the death penalty will be abolished by the Court any time soon, but that does not mean states cannot be required to ensure that death is sentenced in a fair and proportional way by the states. Currently, the death penalty is not applied in a race-neutral way for the perpetrator or the victim. Some states already employ a review method to ensure this is not an issue, called a comparative proportionality review, but this is not required of all states at this time. This article addresses the rights of citizens to be free from cruel and unusual punishment, and the failure of current capital punishment schemes in addressing that. As international and domestic norms shift towards condemnation of the death penalty, the only way to ensure that its use remains constitutional is to require proportional application. This is not a solution that has been untouched by the Court, stating in Pulley "there could be a capital sentencing system so lacking in other checks on arbitrariness that it would not pass constitutional muster without comparative proportionality review." This article uses the statistics and trends of capital punishment's lack of proportionality to show why the current system is so lacking that this type of review should be required going forward. [ABSTRACT FROM AUTHOR]

The modern debate over death penalty abolition in Sub-Saharan Africa frequently references the precolonial period. Has the death penalty truly existed since time immemorial, or is it largely a European imposition? The extent to which precolonial societies used capital punishment is difficult to discern, as many of the anthropological and legal sources that document this period were influenced by colonialism. These sources nonetheless show that the use of capital punishment in the precolonial period was tied to notions of political authority and the spirit world, though legal procedures and even methods of execution varied enormously among societies. This article considers the reliability problems of the extant sources and attempts to make tentative conclusions as to the existence of the death penalty prior to the onset of European rule, bearing in mind that these conclusions are not exhaustive or even necessarily representative of the continent's diversity. [ABSTRACT FROM AUTHOR]

This research centers on the change in the nature of the death penalty as expressed in law and practice throughout Vietnam’s history with a focus on modern time. Using a set of typical legal research methods, in particular, legal history, doctrinal research, philosophy of law and, sociology of law, the article analyzes the change and reform of capital offences in Vietnamese laws. It is revealed through our research that the nature of the death penalty has been fundamentally changed from an instrument of power and coercion during much of the history of the country to a manifestation of justice based on the ideas of rule of law and human rights that started to emerge in the early twentieth century, especially from 1986 onwards. As a result, the number of capital offences has been gradually reduced in three modern Criminal Codes. However, it is also noted that the number of capital sentences and executions appears to remain unchanged, even slightly increased. This creates a paradox that opens and invites a future, interdisciplinary research to thoroughly investigate the problem in the country. The article also argues that as the death penalty finds its moral and legal justifications along with the rise of the number of death sentences given to many serious criminal cases, the death penalty appears to find support among the public. In addition, the political sensitivity of the issue, as expressed through the prohibition on the disclosure of the death penalty data, will inhibit discourse on the problem. Together, they will maintain the existence and application of the death penalty in Vietnam in the time to come.

Criminal law in the United States values conceptual definitiveness in its quest for resolution. But the work of open-ended humanization required of sentencing mitigation advocates in American death penalty cases defies this call for definitiveness. Even as formal legal processes seek to limit the knowledge that can be brought into the courtroom, new theoretical approaches that justify more understanding and fact-finding can help attain tangible goals of defense advocacy. This article provides an ethnographic account of how capital defense practitioners in the United States engage with anthropological theories of culture as a behind-the-scenes advocacy strategy that succeeds by exploiting the anti-definitiveness inherent in culture. I develop the concept of 'subtension' as an analytical trope to help elucidate these processes. [ABSTRACT FROM AUTHOR]

Under the Constitution of China, the Communist Party (CPC) does not merely play a leadership role in the political field, but also in the legal arena. Legislation must reflect the Party's outlook and achieve its policies, including any legal provisions governing particular systems, such as arrangements for the death penalty. After introducing the relationship between the CPC and legislation, this article will discuss the shift in the CPC's approach to human rights and changes to the death penalty system in the Maoist, Deng Xiaoping and post-Deng eras. In the Maoist era, the government rejected human rights, but its policy on execution – at least on paper – was cautious and even stricter than during the other eras; the cpc recognised and accepted human rights in the Deng era, but emphasised national security and stability. As a result, individual human rights were not fully taken into account. Execution was considered an important measure to control crime and the scope of the relevant legislation was expanded. Post-Deng, human rights have developed gradually. Human rights protection has been incorporated into the Constitution and individual human rights have become more valued, but the CPC still focuses on state security, development and stability, and has not valued the right to life to the same extent as the right to subsistence. Although steps to reform the death penalty are being taken, 46 crimes are still punishable by death. The CPC should change its outlook and focus on the right to life, and abolish the death penalty de facto and de jure. [ABSTRACT FROM AUTHOR]

Indonesia's execution of 14 narcotics prisoners in 2015 was a surprise. Capital punishment has been a persistent feature of Indonesia's legal system, but Indonesia had previously conducted few executions. New president Joko Widodo gave no prior signal that he strongly supported capital punishment. This article undertakes a comparative analysis of Indonesia's use of capital punishment under Widodo and his predecessor, Susilo Bambang Yudhoyono. It finds capital punishment has persisted despite the presence of up to six of seven factors comparative scholars hold to be determinants of abolition. Its persistence shows political leadership supportive of capital punishment to be a formidable obstacle to abolition, even when many other determinants are manifest. The Indonesian case suggests that factors that shift debate away from capital punishment's merits are most likely to spur abolition. Chief among these is the imperative to protect citizens from the death penalty abroad, a factor unanticipated in the international literature. [ABSTRACT FROM AUTHOR]

Those who work with the condemned often come to reject the death penalty not only in individual cases, and not only on the ground that it is poorly implemented. They tend to conclude that the punishment is wrong. I argue that the perspective of the executioner helps illuminate the debate about whether to abolish capital punishment, and that indeed the perspective of those who work with the condemned raises the troubling possibility that support for the death penalty can survive only at a great remove. Jeffrie Murphy has also argued that the executioner’s perspective can be useful, but I contend that Murphy asks the wrong question. His essay considers whether an executioner may, under some circumstances, take pride in his work. The better question is whether anyone ought to be asked to do such work. On this latter question, the perspective of the executioner sheds important light. Like Murphy, I draw on works by and about Albert Pierrepoint, the “last hangman” of Britain. I also draw on the perspectives of numerous executioners, wardens, chaplains, and other death row personnel. I argue that their perspectives offer a powerful argument against the main rationale for the death penalty: retribution. If retribution is keyed to the offender’s character as well as his wrongful act, then post-conviction character ought to matter. The executioners’ accounts share a common theme: that death row inmates change over time and hold the potential for redemption. [ABSTRACT FROM AUTHOR]

The research was policy of criminal law maintains kind of death penalty (the case study of plan murder while mutilates the victim), aims to describe and analyze the existence of the death penalty to the crime of plan murder. In addition, this study also aims to determine policies of criminal law related to death penalty for the crime of plan murder accompanied by mutilation as an aggravating. The method used in this research was conducted normatively by reviewing the primary and secondary which was collected based on collecting method of normative law and for the technique of collecting its legal entity were used documenter technique i.e the technique to analyze and collect on various documents that already exists by applying some kind of approach, namely, the approach of legislation, and analytical approaches. The analysis of research was presented in form of descriptive-analytical, systematic, constructive and argumentative. The death penalty against the crime of murder is still maintained and in force today in Indonesia, as contained in the provisions of Article 340 of the Criminal Code. Capital punishment are recognized in the criminal offense of premeditated murder, but the death penalty was alternatifed with other criminal types namely life imprisonment and a maximum of 20 years. Death penalty imposed in the case of things that are burdensome. By it did not published things that incriminate a crime in the Criminal Code, the judge only include things that are burdensome and ease generally. This certainly can not be released that the provisions of Article 197 paragraph (1) Criminal Code incriminating things was imperatively. Regarding the criminal law policy relating to the death penalty for the crime of murder was listed in Article 581 of the Criminal Code. In this case, the RUU KUHP did not include the Criminal Code specifically mutilation as a criminal aggravating reasons, however when seen from the provisions of Article 55 paragraph (1), the mutilation may be a motive and purpose of committing a crime (letter b); how committed the crime (letter e); as well as the attitudes and actions of after committing a crime (letter f).

During his 2000-2001 seminar on the death penalty, Jacques Derrida argues that Kant is the most 'rigorous' philosophical proponent of the death penalty and, thus, the thinker who poses the most serious objections to the kind of philosophical abolitionism that Derrida is trying to develop in his seminar. For Kant, the death penalty is the logical result of the fundamental principle of criminal law, namely, talionic law or the right of retaliation as a principle of pure, disinterested reason. In this paper, I demonstrate how Derrida attempts to undermine Kant's defence of the death penalty by demonstrating both its internal contradictions (the tenuous distinction between poena forensis, that is, punishment by a court, and poena naturalis, natural punishment) and its strange affinities with the law of primitive peoples (as understood by Freud in Totem and Taboo). I argue that Derrida's repeated returns throughout the seminar to Kant's Metaphysics of Morals suggest that Kant's seemingly rational defence of the death penalty is ultimately motivated by interests that belie the supposed disinterestedness of modern law and by a notion of natural justice that at once subtends and subverts all criminal law. [ABSTRACT FROM AUTHOR]

Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that his rationale falls somewhat short of the mark. By his own lights, a successful justification of the death penalty must show that death is the minimally invasive, most humane means to some legitimate moral end. But even if we grant that his rationale picks out a legitimate moral end, there are at least three alternatives to death, either ignored or not fully considered by Kramer, which would seem to satisfy that end in a less invasive, more humane manner. [ABSTRACT FROM AUTHOR]